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(영문) 광주지방법원 순천지원 2013.04.04 2013고합27

강간치상

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 22:30 on August 23, 2012, the Defendant: (a) discovered the Defendant’s house in order to enter into an insurance contract within the house of the Defendant located in Franchisc, with the intent of entering into an insurance contract within the house of the Defendant; (b) caused the Defendant’s desire to rape.

The Defendant: (a) kidding the breath of the inside, kiding the victim by pushing the victim with her feet; (b) kidding the victim’s chest, kiding the victim’s chest, and kiding the victim’s her chest with his body; (c) kiding the victim’s arms by cutting off the victim’s arms with his body; and (d) putting the victim’s clothes into several occasions after cutting off the victim’s clothes; (b) however, the Defendant attempted to put the Defendant’s sexual organ into the Defendant’s body, kiding the Defendant’s sexual organ with knife with knife and knife the Defendant’s shoulder with knife, and knife the Defendant’s shoulder with knife with knife, thereby resulting in the Defendant’s attempted crime, and resulting in the

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Where a conviction of the instant crime is finalized with respect to the instant crime subject to the duty to submit personal information under Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information

Reasons for sentencing

1. Scope of applicable sentences: Imprisonment with labor for a period of two years and six months from January to January 15.